Manufacturing

Advised Lallemand USA, Inc., a U.S. subsidiary of the global yeast manufacturing company, in its asset acquisition of yeast manufacturing plant and business based in North Dakota.

Nutter advised Atlas Devices, LLC, a leading developer, manufacturer, and supplier of rapid access solutions, in its recapitalization by Anvil Capital. 

Nutter represented OSRAM, one of the world’s leading lighting manufacturers with headquarters in Munich, Germany, in its acquisition of Digital Lumens Inc., a Boston-based company that specializes in industrial Internet of Things (IoT) solutions.

An automotive products liability trial in 2016 against Hyundai Motor America, involving a claim that the brake and accelerator pedal configuration of an automobile was conducive to simultaneous depression of the pedals and unintended acceleration, resulting in serious personal injuries. After a seven-day trial, the jury returned a defense verdict in favor of Nelson Apjohn’s client, Hyundai Motor America.

Nutter advised Wincove Private Holdings, LP, an investment holding company with offices in Boston and New York, when it led a recapitalization of Aloi Solutions, LLC.

Nutter advised LINTEC USA Holding, Inc., a wholly owned U.S. subsidiary of Japan-based LINTEC Corporation (TYO: 7966), in its acquisition of VDI, LLC, a functional film manufacturer headquartered in Kentucky.

Nutter advised Madico, Inc., one of the world’s leading manufacturers of automotive, solar, safety, and security films, in its acquisition of select assets of ClearPlex Corporation, an established supplier of protection films based in Draper, Utah.

Sale to Dunes Point Capital

In March 2016, Lallemand USA, Inc., a US subsidiary of a global yeast manufacturing company, acquired 100% of the equity of USA Yeast Company, LLC, a yeast manufacturing plant and business based in Mississippi, for an undisclosed sum.

Nutter represented CIRCOR International, Inc. (NYSE: CIR), a leading provider of valves and other highly engineered products for markets including oil & gas, power generation and aerospace & defense, when CIRCOR announced that it has signed a definitive agreement to acquire Critical Flow Solutions (CFS) for $210 million. 

Counsel for one of world's largest healthcare companies in six-year investigation into alleged off-label use of one of its leading products.

Represented medical device manufacturer in a multi-district product liability litigation involving over 250 plaintiffs. Managed team of associates in the review and production of over four million pages of documents contained in an Electronic Reading Room.

Member of the science team responsible for expert witness preparation.

Sarah Kelly was part of a team that secured a defense verdict for its client after a four-week jury trial in the U.S. District Court for the District of Massachusetts. A major European luxury hotel brought suit against Nutter’s client based on the client’s alleged connection to a significant fire at the hotel. The hotel claimed that the client was responsible for this fire because one of the client’s guests, a customer, negligently discarded a cigarette in her hotel room.

After four years of discovery and motion practice, Nutter presented its case to a jury, demonstrating not only that its client was not negligent but that the hotel’s fire safety practices were inadequate. The trial lasted four weeks, while the jury deliberated for less than a day before rendering a verdict entirely in favor of Nutter’s client. 

Our client was sued for allegedly infringing a patent pertaining to the method by which our client’s product was packaged. Though the client denied any infringement, the client was able to settle the matter on favorable terms, including an advantageous license arrangement.

Represent medical device company in a multi-district product liability litigation involving recalled device. Member of team responsible for analysis of the science, retention of expert witnesses, analysis of company documents and developing narrative themes for company witnesses.

Representation of medical device manufacturer on a national basis on real estate leasing, acquisition, disposition, financing, permitting, environmental and other land use related activities, including negotiation of letters of intent, purchase and sale agreements, leases, lease amendments, architects and construction contracts, brokerage agreements and other consulting arrangements.

Developed strategy and provided litigation support for a herbicide manufacturer that successfully enforced IP rights against two competitors, resulting in early favorable settlements.